Safety and Health Reporter

Personal Injury Interest Awards

Brien Roche
In a personal injury action, pre-judgment interest may be awarded. It is up to the judge or the jury to make that decision. 
Sometimes defense lawyers will argue that pre-judgment interest is not …

Personal Injury – Examination Under Oath

Brien Roche
Within most insurance policies there is a condition that the insured submit to what is called an examination under oath. The Virginia family …

Injury Claims Against Guaranty Association

Brien Roche
The Virginia Guaranty Association is a state-created entity.  It steps in on behalf of insurance companies that have gone belly-up.  It has the right to defend the defendant.  The defendant is the person …

Polarizing Personal Injury Cases

Brien Roche
Polarizing personal injury cases means making it clear from the outset that the defendant’s position is unreasonable.
Polarizing Personal Injury Cases- Start at the Beginning
This may begin in voir dire.  For example, a plaintiff has …

Personal Injury Medicaid Cases

Brien Roche
You may have the occasion to represent an injured party who is on Medicaid.  Representing such a client presents a host of problems because some providers won’t accept Medicaid.  Those providers who do accept …

Personal Injury Conflicts Rule

Brien Roche
In the course of a lawsuit, there may arise an issue of what state law applies.  You need to know what the so-called “conflicts rule” is for that state.  In regards to tort and …

Voluntary Payment Doctrine

Brien Roche
The voluntary payment doctrine states that where one party pays an illegal demand with full knowledge of all the facts, then it may not recover that payment.  The exceptions to that are three in number.  …

Virginia Judicial Notice

Brien Roche
Virginia Judicial Notice-Shortcut
Judicial notice is a form of a judicial shortcut.  What it means is that there will be no need for formal proof where judicial notice is taken of something.  Formal proof would simply be …

Plastic Surgery Malpractice
Brien Roche

Plastic surgery, also known as cosmetic surgery, is a very lucrative business.  These types of medical malpractice cases may be difficult claims. Many people are biased against others who elect to  …

Personal Injury Twelve Week Expert

Brien Roche
I like to call them the “twelve week experts”.  They are so common among defense medical doctors that I think they deserve that name.  These doctors testify for the defense.  Their testimony is …

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